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This entry was published on 2022-07-08
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Application for an extreme risk protection order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 6341. Application for an extreme risk protection order. In
accordance with this article, a petitioner may file an application,
which shall be sworn, and accompanying supporting documentation, setting
forth the facts and circumstances justifying the issuance of an extreme
risk protection order. Provided, however, that a petitioner who is a
police officer or district attorney shall file such application upon the
receipt of credible information that an individual is likely to engage
in conduct that would result in serious harm to himself, herself or
others, as defined in paragraph one or two of subdivision (a) of section
9.39 of the mental hygiene law, unless such petitioner determines that
there is no probable cause for such filing. Such application and
supporting documentation shall be filed in the supreme court in the
county in which the respondent resides. The chief administrator of the
courts shall adopt forms that may be used for purposes of such
applications and the court's consideration of such applications. Such
application form shall include inquiry as to whether the petitioner
knows, or has reason to believe, that the respondent owns, possesses or
has access to a firearm, rifle or shotgun and if so, a request that the
petitioner list or describe such firearms, rifles and shotguns, and the
respective locations thereof, with as much specificity as possible.